Recently, more and more often there has been such a violation as the abduction of a child. It's no secret that kidnapping itself is a common occurrence. And it is committed with any motive. Previously, this violation was common in relation to adults, now the case has affected children. Yes, they also abducted babies before, but not so often. What is supposed for a perfect act? What punishment to wait? Anyway, why kidnap people (children, in particular)? There must be some motive for this violation. In general, the reasons may be different. And even the Hague Convention protecting the rights of children cannot stop the abductors.
What is an abduction?
But what action are we talking about? It is not always possible to fully realize what exactly and what kind of punishment will be imposed. Abduction is the removal of a person from his usual way of life. Moreover, violent, perfect against the will. Accompanied by the subsequent retention of a citizen outside the house.
The abduction of a child or an adult can be accomplished through the use of violence, threats, deception or any other tricks. If a person himself wants to disappear and no one restrains him against his will in one place or another, then the violation cannot be considered as such. This is no longer an abduction.
Usually a perfect act has a certain motive. It could be anything. As a rule, the abduction requires some actions against the abductors from the abducted relatives and relatives. Benefits for the sake of. Why are abductions so common? Why are they made specifically?
Motives and goals
As already mentioned, the abduction of a child (or an adult) is targeted. Almost always, this action is performed with selfish purposes, for the sake of benefit. But what is most common in practice?
The abduction may be committed for the subsequent resale of a citizen. Trafficking in persons is spread underground in many countries. So that no one searches and suspects sellers, they are engaged in abductions. Even the Hague Convention is not afraid of the kidnappers. She, as you know, protects the rights of people, and children in particular.
In addition, there is a receipt of material or property benefits from the relatives (parents, friends, family members, acquaintances) of the abducted person. In this case, the abductors set certain requirements for the release of the captive. The most common abduction for ransom. For the return of a person they require a certain amount of money. Perhaps this is the most common case.
Next is the extraction of any intangible benefits. For example, the abduction of a child may be committed in order to demand the dismissal of parents from some posts. Intangible benefits are also not uncommon. Therefore, do not be surprised. Usually it is combined with a ransom.
Another option is not so much trafficking as selling a child to potential new parents. Very often, such abductions are found in relation to newborn children or still very little ones. People who are not able to have a child in principle, or those who have lost him, and also who are unable to give birth to a healthy person, are willing to pay for the adoption of a newborn. Or just a healthy baby. Therefore, sometimes the abduction of a child has a resale motive, but hidden. Future guardians pay the abductors, say, for adoption, but they have no idea that the baby was kidnapped.
Is it punishable
In any case, whatever motive of crime responsibility for the abduction of a child (and a person in general) in Russia and other countries comes without fail. If the kidnappers were able to catch. Otherwise, a thorough investigation is being conducted up to the capture of criminals.
In general, it is rather difficult to answer what is supposed for the abduction of a child in Russia. The court considers each situation separately. And many factors are taken into account. But you can be sure: the punishment will be sure. After all, crimes against human freedom are punished seriously. As soon as it comes to children, and even more so.
If you look at Russian legislation, the abduction of a child is an article of the Criminal Code of the Russian Federation 126. More precisely, it says what punishment is imposed in principle for the theft of a person. There is a separate item related to children and women.
Standard
It does not matter for what purpose the crime was committed. If the abduction took place, then the corresponding punishment will be imposed. The first case in modern Russian law is the most common offense that occurs in relation to an adult citizen.
So, for kidnapping, forced labor is imposed for 5 years maximum or imprisonment. On what period? For a similar one - an extremely 5 years. Serious punishment, if you think about it. Only this is the case of one person abducting an adult citizen. When it comes to children, the punishments are more severe.
Conspired
But for starters, another situation. It is a preliminary conspiracy of several persons. As a rule, the abduction of a child or person is, in principle, a rather difficult process. And alone, few people do it. Especially when a crime is committed with the aim of obtaining a ransom.
What will happen in Russia for the conspiracy with subsequent abduction? Forced labor is already losing its strength. But then there appears again imprisonment. But the term is increasing. Now it can be installed in the range of 5 to 12 years. Depending on the specific case. In addition, restriction of liberty after imprisonment for a maximum of 2 years is supposed to be additional for collusion. But you can do without such a measure. In practice, this usually happens.
Children
Also, criminal liability for the abduction of a child occurs after the capture of the perpetrators. But what is the specific punishment for this? Honestly, an offense committed against minor children is equal to the same act of conspiracy.
It turns out that the punishment will be similar. Each kidnapper may be sentenced to a maximum of 12 years, as well as an additional restriction of freedom. In practice, the term of imprisonment is set to the limit. Indeed, the rights and freedoms of children are protected in Russia very actively.
Groupings
Kidnapping (kidnapping, in other words) can be committed by a specific organized group. It does not matter in relation to whom it was carried out: just an adult or a child. Russian legislation provides for special offenses for such an offense.
It should be noted right away that a restriction of freedom may be imposed. With the term should already be clear - 2 years. This is the ultimate value for any type of abduction. In addition, prisoners will be imprisoned without fail. Here his term is extended to 12 years. The minimum increases to 6. If the abduction was committed against children or women, you can count on capital punishment. It is such decisions that judicial practice demonstrates to us.
Death
Sometimes it may happen that during the abduction of a child or an adult, his death will follow. Or huge (heavy) harm will be done to health. In this situation, the kidnappers will face a very serious punishment.
But we are already familiar with him. The thing is that paragraph 3 of Article 126 of the Criminal Code of the Russian Federation indicates that such acts are punishable in the same way as a crime committed by an organized group.It turns out that for the death of a child during the abduction of violators can be imprisoned for 6-15 years. And additionally after release, assign up to 2 years of restriction of freedom.
In reality, everything is much more serious. For the abduction of children, if the perpetrators were found, additionally follows the deprivation of the violator of the job position (applies to social workers and citizens who help adopt stolen babies) with the subsequent prohibition of this or that activity. In addition, kidnapping by itself in its pure form is rare. And violators are tried simultaneously on several counts. This means that the punishment will be more severe.
